An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 4 Other requests by ICC

Division 5—Taking evidence or producing documents or articles

67 Legal representation

(1) The evidence of a witness may be taken under section 65 in the presence or absence of:

the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates; or

his or her legal representative (if any).

(2) The magistrate conducting a proceeding under either section 65 or 66, or both, may permit:

if the person to whom the investigation conducted by the Prosecutor, or the proceeding before the ICC, relates has been notified of the proceeding before the magistrate—that person; and

any other person giving evidence or producing documents or other articles at the proceeding before the magistrate; and

a representative of the Prosecutor or of the ICC;

to have legal representation at the proceeding before the magistrate.

Article 67
Rights of the accused
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.